Introduction Date

Type

As originally introduced, Assembly Bill 395 would have newly defined a “riot” under Wisconsin law and provided for heavy criminal penalties for participants in a riot. The introduced bill broadly defined “riot” as a “public disturbance” including an act or threat of violence among an assembly of three or more people that “constitutes a clear and present danger” of damage to persons or property. Accordingly, under the introduced bill, individuals in a gathering where a violent or destructive incident took place could be charged with participation in a riot, classified as a Class I felony punishable by three and a half years in prison and a $10,000 fine. The bill was amended in late 2017, revising and narrowing the offense of "participation in a riot" to require individual intent: Under the amended bill, it is a Class I felony to "intentionally" commit or threaten to commit an act of violence that "constitutes a clear and present danger" of damage to persons or property, while engaging in a "public disturbance" with at least three people. (See full text of bill here)

Would create a new criminal offense of blocking a public or private thoroughfare or access to a private or public building while participating in a riot (as defined and penalized in AB 395). The bill was amended in late 2017 to add elements of individual intent; under the amended version, it is a Class H felony to "intentionally" commit or threaten to commit an act of violence that "constitutes a clear and present danger" of damage to persons or property, while blocking a thoroughfare or access point as part of a "public disturbance" with at least three people. (See full text of bill here)

Would impose new penalties for participation in a riot (as defined and penalized in AB 395) while carrying a dangerous weapon. Doing so is classified as a Class G felony punishable by up to 10 years in prison and a $25,000 fine. The bill was amended in late 2017 to add elements of individual intent: Under the revised bill, it is a Class G felony to "knowingly use a dangerous weapon" and "intentionally" commit or threaten to commit an act of violence that "constitutes a clear and present danger" of damage to persons or property, while engaging in a "public disturbance" with at least three people. (See full text of bill here)

Would impose mandatory disciplinary measures on student protesters in certain cases. The bill requires that students who engage in “violent, abusive, indecent, profane, boisterous, obscene, unreasonably loud, or other disorderly conduct that interferes with the free expression of others” on Wisconsin college or university campuses be compelled to attend a mandatory disciplinary hearing. The bill also requires campus authorities to suspend for a minimum of one semester or expel a student who interferes more than once with another’s free speech, for instance by protesting a controversial campus speaker. (See full text of bill here)